Forests and Countryside Ordinance (Cap. 96) Review

Vocabulary-style flashcards covering the definitions, powers, penalties, and specific sections of the Forests and Countryside Ordinance (Cap. 96).

Forests and Countryside Ordinance (Cap. 96)

An Ordinance to consolidate and amend the law relating to forests and plants, and to provide for the protection of the countryside.

authorized officer

Under Section 2, a person authorized by the Director under section 4.

Director

The Director of Agriculture, Fisheries and Conservation.

forest

Any area of Government land covered with self-grown trees.

plantation

Any area of Government land which has been planted with trees or shrubs or sown with the seeds of trees or shrubs.

Secretary

The Secretary for Environment and Ecology.

Section 3 Regulation Penalty

A fine not exceeding level 4 for any contravention of regulations made by the Secretary for the protection of trees, shrubs, and other plants.

Section 16 Offence

Lighting or using a fire in or near any forest, plantation or area of open countryside, or being in a group using such a fire.

Reasonable defense for lighting fire (Section 16)

Showing that the fire was reasonable in the circumstances and that all reasonable steps were taken to prevent damage to growing plants.

Open Countryside (Section 16)

Land that is not excluded from treatment as open countryside solely because it is held under lease, licence or permit.

Section 17 Powers

Powers of an authorized officer to stop, detain, search, and seize items (trees, plants, utensils) when an offence is suspected.

Section 17(2) Arrest Power

The power to arrest without warrant any person suspected of offences under section 16(1), 20, 21, regulations, or the Schedule.

Section 18 Authority

The Chief Executive in Council may by order signified in the Gazette amend the Schedule.

Section 19 Search Warrant

A warrant issued by a magistrate empowering an authorized officer to enter and search buildings or places for evidence of the commission of an offence.

Section 19A Procedure

An authorized officer who arrests a person must take them to the nearest police station and hand them over to a police officer.

Section 20 Offence

Assaulting, resisting, or obstructing any authorized officer in the execution of his duty; punishable by a fine at level 3.

Section 21 Prohibited Acts

Acts done in a forest or plantation without authority, including cutting grass, removing turf, plucking flowers/leaves, trespassing cattle, or felling trees.

Summary Conviction Penalty (Section 22)

For contravening section 16(1) or 21, a fine at level 4 and imprisonment for 1 year.

Forfeiture (Section 22(2))

Upon conviction, any trees, plants, or utensils seized under section 17 or 19 in respect of the offence are forfeited without further order.

Special permit (Section 23)

A written permit granted by the Director allowing a person to do prohibited acts if no unnecessary harm is caused to the forest, plantation, or countryside.

Schedule Ordinances

Includes Cap. 200 (Crimes Ordinance) S. 60 and Cap. 210 (Theft Ordinance) S. 9 in respect of anything forming part of land.